There are several issues which may prevent the Massachusetts Registry of Motor Vehicles or the Board of Appeal from hearing your hardship license case. One of the most common “show stoppers” is an active National Driver Registry (NDR) revocation. A NDR suspension or revocation will appear on your Massachusetts Driving Record when another state has placed a “hold” on your license through a nationwide database of driver’s license information called the National Driver Registry or NDR. The purpose of the NDR is to prevent drivers from getting licensed in one state to avoid a suspension or revocation from another state. Without the NDR, drivers could avoid consequences and financial responsibility by getting licensed in other states. Before the NDR and interstate compacts, if a driver was suspended or revoked in New Hampshire, for example, he or she could simply apply for a license in Massachusetts. Now, with the NDR, the general rule is that if you are suspended or revoked in any state, you cannot be licensed anywhere.

The Board of Appeal does not override or vacate NDR license suspensions because, to do so, would undermine the NDR system. Instead, the Board requires that hardship license applicants clear the NDR suspension by going through the Mass. Registry’s NDR suspension clearance process. Alternatively, it is possible to present the clearance documents directly to the Board of Appeal at the time of the hearing, so that the Board will hear the hardship license case. However, the Board will only rule on the Massachusetts license suspension or revocation and the Registry will not reinstate the license, even if the applicant is successful at the Board of Appeal, unless and until the NDR clearance process is completed.

Because of this NDR and other “show stoppers” it is important to have an attorney thoroughly review your driving record prior to your Board of Appeal hearing. Otherwise, the Board may refuse to hear your case until any other outstanding issues are resolved. To avoid embarrassment before the Board, and increase your chances of success, your driving record should also be carefully reviewed for unpaid parking tickets, traffic citations, excise tax, child support, and several other important issues. 

If you are interested in representation in a Massachusetts Hardship License Appeal, please contact Attorney Brian E. Simoneau.

In an internal e-mail sent to Mass. RMV employees, Registrar Rachel Kaprielian has announced that the Massachusetts Registry of Motor Vehicles has contracted with an electronic messaging service to deliver e-mail, phone, or text message reminders regarding license expirations.

Last year, in an effort to save money, the Registry eliminated the practice of mailing reminder letters to customers. Consumers complained about this cost-saving measure. However, the Registry was faced with a huge budgetary shortfall and elimination of the courtesy reminder letters was one way to save money without reducing core and essential registry services. License expiration dates are printed on everyone's license and at least one insurance company implemented a program to notify its customers of license expirations.

The implementation of electronic courtesy notifications of license expirations is another example of the Registry effectively leveraging technology to save money while minimizing the impact of the budget cuts on its customers. Some of the Registrar's budget cuts and branch closings have been controversial. However, the new electronic reminder program shows that she is committed to delivering the highest level of service possible, even with drastic budget cuts.

More information regarding the RMV electronic license expiration reminder program will be posted as soon as it becomes available.

This new electronic reminder program is consistent with the Registry's expansion of technology by offering more services on-line via the Mass. RMV website. Through the site, users can pay citations, obtain instant access to driving records, sign up for the Fast Lane, check the status of a Mass. license or permit, order special plates, renew or replace driver's licenses, and conduct a variety of other transactions.

Clients routinely ask about what effect an out of state DUI will have on their Massachusetts license. This article answer this common question.

First, under reciprocity, if someone’s right to drive is suspended or revoked in one state, the Registry or DMV in the person's home state is licensed is required to suspend or revoked the person's license there. For example, if live in Massachusetts and your right to drive is suspended in New York, the Mass. RMV is required to suspend your Massachusetts license until you are clear to drive again in New York. Registries and Motor Vehicle Departments notify each other of these suspensions through the National Driver Registry. This practice of suspended a driver in his or her home state when the driver’s right to operate is suspended elsewhere was created to prevent drivers from escaping the consequences of an out of state violation. There is absolutely no ability to get a hardship license while on a NDR license suspension.

You can clear a National Driver Registry suspension with the Massachusetts Registry of Motor Vehicles by providing the following 3 Documents to the RMV:

1. A clearance letter on letterhead which states that your license has been reinstated in the other state
   
2. A certified copy of your driving record from the other state
   
3. A certified copy of the court docket showing the outcome of any criminal charges in the other state

All documents must be originals and not less than 30 days old. When these documents are presented at a Massachusetts RMV Suspension Hearing, the Registry Hearings Officer will remove the NDR suspension or revocation from your Massachusetts License.

William Foley, Jr.’s license was revoked for 10 years for Vehicular Homicide after he caused an accident in 2001 which killed Christine Griffith, a 27-year-old mother from Randolph, Massachusetts. On Thursday, August 6, 2009, Foley appeared before the Board of Appeal to request a Massachusetts hardship license, which would have allowed him to drive for a 12 hour period each day. After a very emotional and highly publicized Board of Appeal hearing, where the victim’s family spoke out against putting Foley back on the road, the Board denied Foley’s request for hardship relief. The Board denied Foley, in part, because he did not have a legitimate hardship. He could use public transportation to get to work. The Norfolk District Attorney’s Office “strongly opposed to any reduction of the mandatory loss of license.” Foley was a multiple offender with 5 DWI incidents on his Massachusetts Driving Record. Since Foley’s conviction, the Massachusetts Legislature has amended the Vehicular Homicide law by increasing the license revocation period for Vehicular Homicide from 10 years to 15 years. 

Note: Mr. Foley was not represented by a Massachusetts Suspended License Lawyer.

In an effort to save money, the Massachusetts Registry of Motor Vehicles is closing some of its branches and encouraging customers to use the Registry’s on-line system to avoid longer driving and waiting times. Many Registry transactions can be completed on-line, so that a trip to a Registry Branch is not necessary. We all like to hate the Registry and complain about cuts. However, Registrar Kaprielian implemented the cuts and branch closing in a very thoughtful way, so as to minimize public inconvenience while saving money. She had to cut her budget by $13 Million, and consumers are undoubtedly going to feel a cut that big. However, in keeping with today’s electronic era, she improved the Registry’s on-line transaction system so you can now get your Massachusetts Driving Record on-line and do other transactions which previously required a trip to the Registry.

Taking advantage of state owned property, Registrar Kaprielian closed some buildings which the Registry was renting and opened others in state-owed buildings, to avoid paying on-going rental costs. For example, on August 10, 2009, the RMV opened a full service branch in Charlton, MA on the Mass. Turnpike. This move saves the $60,000.00 per year by allowing the RMV to close the Southbridge branch. Times are tough and this seems like a smart move. The new RMV branch can be reached by Route 20 or from the eastbound lane of the Mass. Pike.

Remember if your license is suspended or revoked or you are trying to get a Massachusetts Hardship License, you will need to see a Registry Hearing Officer. You can only go to certain Registry branches which hold license suspension and revocation hearings.